TWO people have been charged with the murder of the British man who was hurled 25ft from his holiday home balcony.
The pair have been remanded in custody facing the charges of the death of Stephen Mallon, a fortnight ago.
A further 11 suspects between 20 and 25 years old have so far been arrested over the death.
Mallon, 49, was killed defending his twin sons after they were threatened by an angry mob of 30 males outside La Estrella pub in Competa, Axarquia.
He was bombarded by bottles, broken glass and flower pots before being surrounded by the baying crowd and thrown over the top.
He was left fighting for his life in a coma at the Carlos Haya Hospital in Malaga, after suffering serious head injuries.
The twins were also injured in the affray, one receiving a broken nose while the other suffered a broken arm, but were discharged from hospital after treatment.
A Foreign Office spokesman said: “We can confirm the death of a British national in Malaga on June 16 and we are providing consular assistance to his family.
“We know he was hospitalised following an assault in Competa on June 5.
“We understand a number of people have been detained following the attack.”
According to sources, a critical delay in getting unconscious Mr Mallon to hospital was caused when the ambulance crew were threatened by locals and had to wait for police back up.
The clash took place outside La Estrella pub at 4am last Saturday between seven Brits and more than 20 local men, women and youths.
Mr Mallon had been out celebrating a British friend’s birthday when the trouble kicked off.
One family member said: “They were set upon by a gang of 30 men because they were English.
“They were hit with coshes, bottles, terracotta flowerpots and iron bars. Steve was thrown from the balcony.” Villagers who witnessed the attack reported people being hit with bottles, glasses and parasols.
The Guardia Civil police carried out the initial investigation, but the matter has now been passed to the Judical Police in Malaga because of its seriousness.
A spokesman for the Foreign Office said they were in contact with Mr Mallon’s next of kin.
He said: ‘He is still hospitalised, it would appear with serious injuries.
‘A number of people have been detained following the incident. Two other British nationals were also involved.
‘Our role has been liaising with the family and providing assistance in a consular capacity.’
Mr Mallon had been visiting the village with his family to stay at their holiday home for the last six years.